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Mutij Sadiz Ahmad Sayab
| place_of_birth = | date_of_death = | place_of_death = | detained_at = Guantanamo | id_number = 288 | group = | alias = | charge = | penalty = | status = one of several Algerian prisoners facing involuntary repatriation | occupation = | spouse = | parents = | children = }} Mutij Sadiz Ahmad Sayab or Motai Saib is a citizen of Algeria currently held in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number is 288. The Department of Defense reports that he was born on July 1, 1976. The Department of Defense reported a place of birth of all but ten of the detainees. Sayab was one of those ten. As of October 15, 2010, Mutij Sadiz Ahmad Sayab has been held at Guantanamo for eight years nine months. Combatant Status Review Tribunal s were held in a 3 x 6 meter trailer. The captive sat with his hands cuffed and feet shackled to a bolt in the floor.Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004 Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed. ]] Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status. Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant. Summary of Evidence memo A Summary of Evidence memo was prepared for Mutij Sadiz Ahmad Sayab's Combatant Status Review Tribunal, on 17 September 2004. The memo listed the following allegations against him: Transcript Sayab had chosen to participate in his Combatant Status Review Tribunal. | title=Summarized Tribunal for ISN 288 | date=date redacted | pages=page 1 | author=OARDEC | publisher=United States Department of Defense | accessdate=2008-04-25 }} On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a one-page summarized transcript from his Combatant Status Review Tribunal. It states when the Tribunal President finished reading the Tribunal's ground rules, and invited Sayab to make an opening statement, Sahab surprised his Personal Representative by choosing to decline to participate after all. Administrative Review Board hearing | pages=1 | author=Spc Timothy Book | date=Friday March 10, 2006 | accessdate=2007-10-10 }}]] Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards were not authorized to review whether a detainee qualified for POW status, and they were not authorized to review whether a detainee should have been classified as an "enemy combatant". They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat—or whether they could safely be repatriated to the custody of their home country, or whether they could be set free. First annual Administrative Review Board A Summary of Evidence memo was prepared for Mutij Sadiz Ahmad Sayab's first annual Administrative Review Board, on 22 March 2005. The memo listed factors for and against his continued detention. The following primary factors favor continued detention The following primary factors favor release or transfer Transcript Sayab did not chose to participate in his Administrative Review Board hearing. | title=Summary of Administrative Review Board Proceedings of ISN 288 | date=date redacted | author=OARDEC | pages=pages 3 | publisher=United States Department of Defense | accessdate=2008-04-25 }} But he did choose to dictate a statement. Sayab's statement was read aloud. But Sayab's statement was not recorded in this transcript. But the Board's officers had a brief discussion of several of the points Sayab made during the unclassified portion of his hearing. The first factor under the "Connections/Associations" heading said that Sayab provided a Belgian passport and 6,000 Francs to an al Qaeda facilitator. But when Sayab responded to that factor he felt it was important to make clear that he paid for his own travel. His Assisting Military Officer told the Board that he had the translator explain to Sayab that the English language version of the factors did not say he did not pay for his own travel—the English language version of the factors rather could be interpreted that he paid for someone else's travel. According to the Assisting Military Officer Sayab continued to feel it was important to respond to that allegation by stating he paid for his own travel. The second last point that Sayab's Assisting Military Officer made to the Board during the unclassified portion of the Board's hearing was that he asked Sayab about his visits to Kritay, France, and that Sayab explained that he visited Kritay frequently, to look for work. The final point Sayab's Assisting Military Officer made was in response to a question from the Board members. He confirmed that he believed that Sayab understood some English, but he never responded in English. A response from the captive, to allegations, dated 28 March 2005, was published together with transcripts of hearings from 2006. Second annual Administrative Review Board A Summary of Evidence memo was prepared for Mutij Sadiz Ahmad Sayab's second annual Administrative Review Board, on 27 February 2006. The memo listed factors for and against his continued detention. The following primary factors favor continued detention The following primary factors favor release or transfer Written reply A response from the captive, to allegations, dated 28 March 2005, was published together with the transcripts of other captives' hearings from 2006. A marginal note, at the bottom of the document, indicates that it had been presented to his 2005 Board, and was re-used in 2006. Habeas corpus petition After the Supreme Court restored access to the civilian court system to the captives Danielle Voorhees reinitiated his habeas corpus petition on July 18, 2008. mirror He had a DTA appeal filed on May 16, 2007. But the Department of Justice had made no progress in filing the necessary "factual returns". Mutij's lawyers opted to agree to stay the DTA appeal in favor of his habeas petition. References External links * Who Are the Remaining Prisoners in Guantánamo? Part Four: Captured Crossing from Afghanistan into Pakistan (2 of 2) Andy Worthington, September 24, 2010 Category:Living people Category:People held at the Guantanamo Bay detention camp Category:Algerian extrajudicial prisoners of the United States Category:1976 births